United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Joseph Yellow Hammer, Sr. (Yellow Hammer) has been accused of
violating the conditions of his supervised release. Yellow
Hammer admitted the alleged violation. Yellow Hammer's
supervised release should be revoked. Yellow Hammcr should be
placed in custody for 3 months, with 19 months of supervised
release to follow.
Hammer pleaded guilty to [Domestic Abuse by a Habitual
Offender on May 11, 2017. (Doc. 24). The Court sentenced
Yellow Hammer to 21 months of custody, followed by 2 years of
supervised release. (Doc. 37). Yellow Hammer's current
term of supervised release began on July 1, 2019. (Doc. 51 at
1). I Petition The United States Probation
Office filed a Petition on July 10, 2019, requesting that the
Court revoke Yellow Hammer's supervised, release. (Doc.
51). The Petition alleged that Yellow Hammer had violated the
conditions of his supervised release by failing to report to
his probation officer within 72 hours of his release from
Hammer appeared before the undersigned for his initial
appearance on September 6, 2019. Yellow Hammer was
represented by counsel. Yellow Hammer stated that he had read
the petition and that he understood the allegations. Yellow
Hammer waived his right to request a preliminary hearing. The
parlies consented to proceed with the revocation hearing
before the undersigned.
Court conducted a revocation hearing on September 11, 2019.
Yellow Hammer admitted that he had violated the conditions of
his supervised release by failing to report to his probation
officer within 72 hours of his release from prison. The
violation is serious and warrants revocation of Yellow
Hammer's supervised release.
Hammer's violation is a Grade C violation. Yellow
Hammer's criminal history category is I. Yellow
Hammer's underlying offense is a Class D felony. Yellow
Hammer could be incarcerated for up to 24 months. Yellow
Hammer could be ordered to remain on supervised release for
up to 22 months, less any custody time imposed. The United
States Sentencing Guidelines call for a term of custody of 3
to 9 months.
Hammer's supervised release should be revoked. Yellow
Hammer should be incarcerated for 3 months, with 19 months of
supervised release to follow. The supervised release
conditions imposed previously should be continued. This
sentence is sufficient but not greater than necessary.
Court informed Yellow Hammer that the above sentence would be
recommended to Judge Morris. The Court also informed Yellow
Hammer of his right to object to these Findings and
Recommendations within 14 days of their issuance. The Court
explained to Yellow Hammer that Judge Morris would consider a
timely objection before making a final determination on
whether to revoke his supervised release and what, if any,
sanction to impose. Yellow Hammer stated that he wished to